In Michigan, theAnti-Corruption of Public Morals Act makes a stir. This American bill is supported by a Republican faction and it aims to eradicate online pornography, for minors and adults. Its rough wording and its disproportionate aims make it a deeply worrying text for digital freedoms… to the point that even its authors are starting to back away from the scale of the controversy.
The approach chosen by Michigan legislators is based on an expansive definition of obscenity, and that is precisely where the whole problem begins. Rather than specifically targeting pornographic content, the text casts a wide net. Very wide. As explained by our colleagues at 01net, it targets “erotic ASMR content, moans, sensual vocal content”, but also “manga, material generated by artificial intelligence, live streams or audio clips”.
This catch-all list would potentially transform ASMR content creators into criminals, would ban certain mangas and could even apply to mainstream literary or cinematographic works. But the most shocking remains the explicit inclusion of “transgenderism” in the definition of obscenity. Here, the text crosses a red line: it no longer targets content, but directly the existence and expression of a community.
The anti-VPN obsession: a losing war
For the authors of the project, VPNs represent the enemy to be defeated. Their logic is simple: if citizens can hide their location, it is impossible to enforce the ban. They therefore propose to outright ban these digital protection tools. An absurd strategy that completely ignores the legitimate uses of VPNs: protection on public Wi-Fi, confidentiality from advertisers, secure access to corporate networks for teleworking.
The French experience should, however, serve as a lesson. Since Arcom imposed strict age verification on adult sites, major platforms such as those of the Aylo group (Pornhub) and the French Tukif have preferred to block themselves rather than comply. Immediate consequence: an explosion in the use of VPNs.
NordVPN recorded a 300% increase in its traffic in France following these restrictions. A delicious paradox when we know that this service is itself reserved for adults and requires payment by credit card.
More recently, the arrival on the market of Free and its free VPN has further complicated the situation for Arcom. By democratizing access to these technologies, the operator makes the blocking strategy even more ineffective. The French regulator’s plan thus comes up against an implacable reality: we do not control the Internet like we close a kiosk.
Faced with the outcry, American MP Joshua Schriver – co-author of the project – announced that he wanted to amend the text to “refine its sole objective: to eradicate pornography”. A statement which sounds like an admission of failure and contradicts the initial version which aimed for much more than just pornographic content.
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